JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Monday, September 3, 2007




Cambodia can 'terminate' genocide tribunal if ex-king prosecuted: official
Caitlin Price on September 3, 2007 1:29 PM ET

[JURIST] A Cambodian cabinet minister has said that the Cambodian government could "terminate" the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] if it "illegally" attempts to charge former King Norodom Sihanouk [official website; BBC News profile] with crimes committed during the Communist Khmer Rouge's control of Democratic Kampuchea [BBC News backgrounder] from 1975-79, according to Cambodia Daily [media website] Monday. Sihanouk was the symbolic head of state for the regime of Pol Pot until he was forced out of office in 1976. Information Minister Khieu Kanharith said that because the ECCC operates under Cambodian law [text as amended 2005, PDF], it may be disbanded if it attempts to violate the immunity granted to Norodom Sihanouk by Article 7, Paragraph 3 of the Cambodian constitution [text]. The now-retired king resumed office again in 1993 and then stepped down in 2004 in favor of his son; he has not been questioned or investigated by the ECCC, but last month a letter from the US-based rights group Cambodian Action Committee for Justice and Equality called for Sihanouk's immunity to be stripped so that he could be charged. The government immediately issued a statement rejecting the idea [People's Daily Online report], emphasizing that the issue was "clearly and definitively excluded at the time of the former king's retirement." The People's Daily has more.

The UN-backed ECCC was established in 2001 to investigate and try those responsible for the Cambodian genocide that occurred between 1975-1979 and resulted in the deaths of approximately one-third of the Cambodian population. To date, no top Khmer Rouge officials have faced trial. Last month, the ECCC brought its first charges against Kaing Khek Iev [TrialWatch profile; JURIST report], better known as "Duch", who was in charge of the notorious S-21 prison in Phnom Penh.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


China death sentences at ten-year low: high court justice
Caitlin Price on September 3, 2007 12:12 PM ET

[JURIST] Death sentences [JURIST news archive] handed down by Chinese courts were at a ten-year low in 2006 and the trend continues in 2007, according to a Chinese Supreme Court justice quoted by state media Monday. In response to wrongful convictions and international criticism, China implemented reforms [JURIST report] at the beginning of this year requiring that all death sentences be approved [JURIST report] by the Supreme People's Court [official website]. High court vice-president Jiang Xingchang [official profile] said Monday in Outlook Weekly that fewer people were sentenced to death in 2006 than at any point in the previous decade, and that the reforms have extended the declining numbers into 2007. He offered no statistics but stated that "a relatively large proportion" of death penalty cases authorized by provincial courts were not approved when reviewed by the Supreme People's Court. Reuters has more.

In April, Amnesty International reported [press release] that China continues to lead the world in executions, with 7,000 to 8,000 people believed to have been executed in 2006. In June, Chinese state media reported that during the first five months of 2007, the number of death sentences handed out in cases of first instance dropped approximately 10 percent from the same time last year. In July, the Supreme Court said that guidelines for imposing the death penalty would be standardized [JURIST report]. Last month, a Chinese Communist Party spokesperson defended the use of the death penalty [JURIST report] in political and economic corruption cases, saying it was both appropriate and effective.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Pakistan lawyers pressing for Musharraf resignation after Chaudhry success
Caitlin Price on September 3, 2007 12:01 PM ET

[JURIST] A Pakistani lawyers group Sunday announced a campaign to defeat an expected reelection bid by Pakistan President Pervez Musharraf [BBC profile]. Speaking at a conference of the National Action Committee in Islamabad, Pakistani Supreme Court Bar Association president Munir Malik outlined the group's goal to secure Musharraf's resignation and to restore the 1973 Constitution [text]. Protest rallies set for September 6, already observed nationwide as Defense of Pakistan Day, will mark the beginning of what he called "phase 2" of the lawyers' campaign for nationwide legal reform. Dawn has local coverage.

Earlier this year, Pakistani lawyers led a four-month campaign to reinstate suspended Pakistan Supreme Court Chief Justice Iftikhar Chaudhry [official website; JURIST news archive] after Musharraf suspended him in March for alleged judicial misconduct. Many lawyers and opposition leaders alleged that the suspension was an indirect bid by Musharraf to forestall any legal challenges if Musharraf sought to extend his eight-year rule by another five years later this year. Chaudhry was reinstated in July, with all charges of misconduct [JURIST reports] dismissed.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Thailand court issues second arrest warrant for former PM Thaksin
Joshua Pantesco on September 3, 2007 11:18 AM ET

[JURIST] The Bangkok Criminal Court issued an arrest warrant Monday for former Thai Prime Minister Thaksin Shinawatra [BBC profile; JURIST news archive] and his wife Pojamarn on charges of stock trading violations. Thaksin has been living in exile since a bloodless military coup [JURIST report] removed him from office last September. He has refused to return to Thailand to face charges because he does not expect to receive a fair trial [JURIST report].

In August, a Thai court issued arrest warrants [JURIST report] for the couple for "evading prosecution." Thaksin and Pojamarn have been accused of abuse of power for personal gain [JURIST report], conflict of interest violations, and dereliction of duty for personal gain in charges stemming from a 2003 land purchase by Pojamarn from the government-directed Financial Institutions Development Fund [official website]. Government authorities have not decided whether to seek Thaksin and Pojarmarn's formal extradition from the United Kingdom. Prior to serving as PM, Thaksin made a fortune in the telecommunications industry. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Ex-Bangladesh PM Zia charged with corruption
Joshua Pantesco on September 3, 2007 10:05 AM ET

[JURIST] Bangladeshi officials on Monday arrested former Prime Minister Begum Khaleda Zia [UN profile] and her son on corruption and misuse of power charges, one day after another ex-PM was charged with taking bribes [JURIST report]. Zia, who was in power until last October, is accused of failing to follow standard procedures in awarding a construction contract to a local company for two cargo terminals. Her son is accused of influencing her to award the contract. She has denied all charges and calls the arrest an attempt to tarnish her family's legacy.

The new interim government has arrested over 150 high-profile citizens since declaring a state of emergency [JURIST report] in January due to concerns that fraud would ruin national elections scheduled for January 22. Zia's rival, former PM Sheikh Hasina Wajed [party profile; JURIST news archive] has been charged by Bangladesh's anti-corruption commission [governing statute, PDF] with six counts of murder, corruption, and most recently, bribery [JURIST reports].






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Iranian-American scholar leaves Iran with charges pending
Joshua Pantesco on September 3, 2007 9:41 AM ET

[JURIST] Iranian-American scholar Haleh Esfandiari [WWC profile; JURIST news archive], who was released on bail [JURIST report] from Iranian custody in August, obtained a passport from Tehran and left Iran Sunday night for an unknown destination, according to her lawyer. Esfandiari, an American citizen, is the director of the Middle East program at the US-based Woodrow Wilson International Center for Scholars. Her lawyer said last week that the Iranian government still has charges pending against her [JURIST report]. AP has more.

Esfandiari was detained in May [WWC timeline, DOC; WWC materials] and is accused of being involved in an alleged plot "against the sovereignty of the country." Still in custody is Open Society Institute consultant Dr. Kian Tajbakhsh [OSI press release]. Prosecutors said last month that they have completed their investigation [JURIST report] into the two detainees. Iranian 2003 Nobel Peace Prize laureate and human rights lawyer Shirin Ebadi accused the Iranian government of interfering in judicial affairs to prevent Esfandiari's release [JURIST report] and of denying lawyers access to Esfandiari [JURIST report].






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org